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TUSCARORA NATION OF INDIANS v. POWER AUTHORITY OF N. Y.

Civ. A. 7844.

164 F.Supp. 107 (1958)

TUSCARORA NATION OF INDIANS, also known as Tuscarora Indian Nation, Plaintiff, v. POWER AUTHORITY OF The STATE OF NEW YORK, Robert Moses, and Superintendent of Public Works of The State of New York, John W. Johnson, Defendants.

United States District Court W. D. New York.

June 24, 1958.

Attorney(s) appearing for the Case

Strasser, Spiegelberg, Fried & Frank, New York City (Arthur Lazarus, Jr., Washington, D. C., of counsel), for plaintiff.

Thomas F. Moore, Jr., New York City, for defendants Power Authority of the State of N. Y. and Robert Moses.

Louis J. Lefkowitz, Atty. Gen., of the State of New York; Paxton Blair, Solicitor Gen. of the State of New York, Albany, N. Y. (Julius L. Sackman, Albany, N. Y., of counsel), for defendant John W. Johnson.

MORGAN, District Judge.

The complaint in this action was filed in the Southern District of New York on April 19, 1958. The action is one for declaratory judgment, wherein the plaintiff prays

(1) That it have a judgment and decree of this court defining its rights and status therein, particularly adjudicating that neither of the defendants, nor any of them, had any right, authority or power to acquire, or attempt...

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